On January 24, 2000, the University of Wisconsin Hospital
and Clinics Authority
filed a
petition with the Wisconsin Employment Relations Commission
pursuant to Sec. 227.41,
Stats.,
seeking a declaratory ruling as to certain issues arising from a
demand by 1199W/United
Professionals for Quality Heath Care, SEIU that a grievance be
arbitrated.

On February 16, 2000, 1199W filed a response asking that the
petition be dismissed.

The Authority filed additional argument on March 8, 2000.

No. 29889

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No. 29889

Having considered the matter and concluded that it is not
appropriate to exercise
jurisdiction
over the petition, the Commission makes and issues the following

ORDER

The petition for declaratory ruling is dismissed.

Given under our hands and seal at the City of Madison,
Wisconsin this 9th day of
May, 2000.

WISCONSIN EMPLOYMENT RELATIONS COMMISSION

James R. Meier, Chairperson

Henry Hempe, Commissioner

Paul A.
Hahn, Commissioner

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No. 29889

University of Wisconsin Hospital and Clinics
Authority

MEMORANDUM
ACCOMPANYING

ORDER DISMISSING PETITION FOR
DECLARATORY RULING

Section 227.41, Stats., provides, in pertinent part, that:

Any agency may, on petition by any interested
person, issue a
declaratory ruling with respect to
the applicability to any person, property or state of facts of
any rule or statute enforced by it.

When determining whether to utilize its limited resources by
exercising its
discretionary
jurisdiction over such petitions, the Commission considers the
guidance, if any, which a
decision
might provide to parties around the State of Wisconsin as to
matters of general applicability
and the
degree to which exercise of jurisdiction will denigrate other
procedures available to the
parties for
resolution of their dispute. Ashwaubenon Schools, Dec.
No. 14474-A (WERC,
10/77);
Milwaukee Board of School Directors, Dec. No. 17505 ­
17508 (WERC,
12/79); Green Lake
County, Decision No. 22820 (WERC, 8/85); Oakfield School District
(WERC, 11/87)
unpublished; City of Milwaukee, Dec. No. 27111 (WERC,
12/91). Where the focal
point of the
dispute is how a particular provision of a collective bargaining
agreement should be
interpreted, and
where there are alternative contractual/statutory mechanisms for
resolution of a dispute, the
Commission has declined to assert its jurisdiction over such
petitions. Milwaukee Board of
School Directors, supra; Green Lake County, supra; Oakfield
School District, supra.

Here, the interpretation of a collective bargaining
agreement is at the core of the
dispute.
1199W asserts the Authority has contractually agreed to bargain
over per diem nurses and
the
Authority denies same. The parties have a contractually
established grievance arbitration
procedure
for resolving alleged violations of contract.

Given the foregoing, if we were to assert jurisdiction over
this matter, we would not
be
providing guidance as to legal matters of general state-wide
applicability and we would
be

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No. 29889

denigrating the contractual procedure available for resolution
of the contractual dispute.
Thus, we
do not assert jurisdiction over the petition.